What is the Punishment for second marriage without divorce in India?

Marriage is considered to be a sacred institution and bond for a lifetime. However, it may not prove to be right in everyone’s life. Relationship experience and differences for couples vary and this leads to infidelity where instances of second marriage while still being married to the first spouse come to light. We aim to discuss all the laws related to the second marriage without divorce in India and punishment for the same.

What is Bigamy?

Bigamy in simple terms means entering a second marriage while still being married to the first spouse. The Hindu Marriage Act, 1955 which extends to the whole of India declares marriage to a second woman while the first wife is alive and not divorced as illegal. Due to this stipulation, the second marriage is treated as ‘void’ while the first wife is alive and not divorced.

It is important to note that the Hindu Marriage Act extends to Hindus, Jains, Christians, Parsis, and Sikhs except for Muslims.

To prove bigamy following are the absolute essentials.

1. The accused was married which can be proven
2. The first spouse of the accused was alive as on the date of the second marriage.
3. The proof of celebration of second marriage is the same as of the first marriage
4. Due to the first spouse being alive the second marriage was void.

Section 5 and 17 of the Hindu Marriage Act

The offense of bigamy is a penal offense as well as an offense against marriage. The essence of Section 5 and 17 of the Hindu Marriage Act clearly states that any marriage solemnized between two Hindus will be void if the first spouse is still alive on the date of the second marriage and the provisions of Section 494 and 495 of the Indian Penal Code also will be applicable.

Section 494 and 495 of the Indian Penal Code, 1860

Sec 494 of the Indian Penal Code, 1860 notes that whoever is found guilty of bigamy shall be punished with an imprisonment term ranging up to 7 years and shall also be liable to fine.

In case of accused hiding the fact of second marriage from the second party, the imprisonment can be higher and can go up to ten years. (Sec 495 IPC)

While essentials of Bigamy needs to prove for a conviction, there are also individual exceptions to Section 494 of IPC.

1. This section does not apply if the first marriage was termed void by a competent court.
2. This section also does not apply if either of the spouses was absent and unheard of for seven years. It is essential though that the person marrying the second time should inform the second party of all the facts.

The offence under this section is non-cognizable, bailable, compoundable by the husband or wife of the person so marrying with the permission of the court and shall be triable by magistrate of the first class.

We have tried to cover all the significant details one might want to know related to this topic. For more such legal updates sign up to EasyAdvocacy today. Also, like us on Facebook and follow us on Twitter, LinkedIn, and Google+.